83_FR_4138 83 FR 4119 - Petition for Waiver of Compliance

83 FR 4119 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range4119-4120
FR Document2018-01581

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018) 
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4119-4120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01581]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0127]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on December 7, 2017, Dakota, Missouri 
Valley & Western Railroad, Inc. (DMVW), petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR part 
229. FRA assigned the petition Docket Number FRA-2017-0127.
    Specifically, DMVW seeks a waiver of compliance from a portion of 
49 CFR 229.47, Emergency brake valve, for five SD50 locomotive units 
(Numbers 5408, 5418, 5439, 5451, and 5454) and three SD60 locomotive 
units (Numbers 5500, 5501, and 5544). The five SD50 units were 
purchased from Canadian National Railway (CN) on December 4, 2008, and 
the three SD60 units were also purchased from CN on September 15, 2017. 
Upon purchase of the three SD60 units, DMVW discovered that CN had a 
previous waiver of compliance from 49 CFR 229.47 for these units.
    The eight units now owned and operated by DMVW are all of the same 
car body type and all are not equipped with the rear conductor brake 
valve. Each of the units have rear walkways and switch style steps, 
thus allowing the engineer to see the person riding on the back along 
with radio communication. These units will be used in road service and 
will always be paired together. DMVW has been operating the SD50 units 
for almost 10 years and have not had any incident or reason to need the 
rear brake valve. DMVW believes that 49 CFR 229.47 pertains to covered 
car body units with no rear walkway or switch style steps. Therefore, 
DMVW is requesting a waiver from the requirement that an emergency 
brake

[[Page 4120]]

pipe valve be installed adjacent to the rear door for these eight 
units.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by March 15, 2018 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-01581 Filed 1-26-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices 4119 SUPPLEMENTARY INFORMATION: The CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4) provides, to www.regulations.gov, as FHWA, in cooperation with the and (a)(6); 240.307; 242.403(b), (c), described in the system of records Wisconsin Department of (e)(l)–(4), (e)(6)–(11), (f)(l)–(2) and notice (DOT/ALL–14 FDMS), which can Transportation (WisDOT), will no 242.407. The C3RS pilot project be reviewed at https:// longer be preparing an EIS for proposed encourages certified operating crew www.transportation.gov/privacy. See improvements at the I–39/90 and US 12/ members to report close calls and also https://www.regulations.gov/ 18 interchange (Beltline Interchange) protect the employees and the railroad privacyNotice for the privacy notice of and adjacent local road systems. This from discipline or sanctions arising regulations.gov. change occurred because of a change in from the incidents reported per the Robert C. Lauby, priorities at WisDOT. An EA will be C3RS Implementing Memorandum of prepared for a proposed improvement Understanding (IMOU). Associate Administrator for Safety Chief project at this location with reduced A copy of the petition, as well as any Safety Officer. scope. The agency coordination process written communications concerning the [FR Doc. 2018–01580 Filed 1–26–18; 8:45 am] outlined in 23 CFR 771.119 will be petition, is available for review online at BILLING CODE 4910–06–P followed for the EA. Comments and www.regulations.gov and in person at questions concerning this action should the U.S. Department of Transportation’s be directed to FHWA or WisDOT at the Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION addresses provided above. Jersey Avenue SE, W12–140, Authority: This notice is published in Federal Railroad Administration Washington, DC 20590. The Docket accordance with the Federal-Aid Operations Facility is open from 9 a.m. [Docket Number FRA–2017–0127] Highway Act, as amended (23 U.S.C. to 5 p.m., Monday through Friday, 109 et seq.), the Council on except Federal Holidays. Petition for Waiver of Compliance Environmental Quality’s Regulations (40 Interested parties are invited to Under Part 211 of Title 49 Code of CFR parts 1500—1508) implementing participate in these proceedings by Federal Regulations (CFR), this provides the procedural requirements of the submitting written views, data, or the public notice that on December 7, National Environmental Policy Act comments. FRA does not anticipate 2017, Dakota, Missouri Valley & (NEPA), as amended (42 U.S.C. 4321 et scheduling a public hearing in Western Railroad, Inc. (DMVW), seq.), and FHWA’s NEPA implementing connection with these proceedings since petitioned the Federal Railroad regulations (23 CFR part 771). the facts do not appear to warrant a Administration (FRA) for a waiver of Issued on: January 22, 2018. hearing. If any interested parties desire compliance from certain provisions of Timothy Marshall, an opportunity for oral comment, they the Federal railroad safety regulations Acting Division Administrator, Federal should notify FRA, in writing, before contained at 49 CFR part 229. FRA Highway Administration, Madison, the end of the comment period and assigned the petition Docket Number Wisconsin. specify the basis for their request. FRA–2017–0127. [FR Doc. 2018–01569 Filed 1–26–18; 8:45 am] All communications concerning these Specifically, DMVW seeks a waiver of proceedings should identify the BILLING CODE 4910–22–P compliance from a portion of 49 CFR appropriate docket number and may be 229.47, Emergency brake valve, for five submitted by any of the following SD50 locomotive units (Numbers 5408, DEPARTMENT OF TRANSPORTATION methods: • Website: http:// 5418, 5439, 5451, and 5454) and three Federal Railroad Administration www.regulations.gov. Follow the online SD60 locomotive units (Numbers 5500, instructions for submitting comments. 5501, and 5544). The five SD50 units [Docket Number FRA–2017–0126] were purchased from Canadian National • Fax: 202–493–2251. Petition for Waiver of Compliance • Mail: Docket Operations Facility, Railway (CN) on December 4, 2008, and U.S. Department of Transportation, 1200 the three SD60 units were also In accordance with Part 211 of Title New Jersey Avenue SE, W12–140, purchased from CN on September 15, 49 Code of Federal Regulations (CFR), Washington, DC 20590. 2017. Upon purchase of the three SD60 this provides the public notice that on • Hand Delivery: 1200 New Jersey units, DMVW discovered that CN had a November 6, 2017, the Denton County Avenue SE, Room W12–140, previous waiver of compliance from 49 Transportation Authority (DCTA), Washington, DC 20590, between 9 a.m. CFR 229.47 for these units. petitioned the Federal Railroad and 5 p.m., Monday through Friday, The eight units now owned and Administration (FRA) for a waiver of except Federal Holidays. operated by DMVW are all of the same compliance from several provisions of Communications received by March car body type and all are not equipped the Federal railroad safety regulations. 15, 2018 will be considered by FRA with the rear conductor brake valve. Specifically, DCTA requests relief from before final action is taken. Comments Each of the units have rear walkways certain provisions of 49 CFR part 240, received after that date will be and switch style steps, thus allowing the Qualification and Certification of considered if practicable. engineer to see the person riding on the Locomotive Engineers, and part 242, Anyone can search the electronic back along with radio communication. Qualification and Certification of form of any written communications These units will be used in road service Conductors. The request was assigned and comments received into any of our and will always be paired together. Docket Number FRA–2017–0126. dockets by the name of the individual DMVW has been operating the SD50 The relief is requested as part of submitting the comment (or signing the units for almost 10 years and have not sradovich on DSK3GMQ082PROD with NOTICES DCTA’s proposed implementation of document, if submitted on behalf of an had any incident or reason to need the and participation in FRA’s Confidential association, business, labor union, etc.). rear brake valve. DMVW believes that 49 Close Call Reporting System (C3RS) Under 5 U.S.C. 553(c), DOT solicits CFR 229.47 pertains to covered car body pilot project. DCTA seeks to shield comments from the public to better units with no rear walkway or switch reporting employees and the railroad inform its processes. DOT posts these style steps. Therefore, DMVW is from mandatory punitive sanctions that comments, without edit, including any requesting a waiver from the would otherwise arise as provided in 49 personal information the commenter requirement that an emergency brake VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1

4120 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices pipe valve be installed adjacent to the privacyNotice for the privacy notice of locked and non-operational, and rear door for these eight units. regulations.gov. equipped with emergency release A copy of the petition, as well as any handles to allow for manual opening of Robert C. Lauby, written communications concerning the the doors for emergency egress and Associate Administrator for Railroad Safety, rescue access through the doorway. petition, is available for review online at Chief Safety Officer. www.regulations.gov and in person at Caltrain states that the intermediate [FR Doc. 2018–01581 Filed 1–26–18; 8:45 am] level door arrangement will meet the the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 BILLING CODE 4910–06–P requirements of 49 CFR 231.112, Door New Jersey Avenue SE, W12–140, emergency egress and rescue access Washington, DC 20590. The Docket systems. In addition, emergency exit DEPARTMENT OF TRANSPORTATION paths exist by way of the stairs at the Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, intermediate level, which can lead Federal Railroad Administration except Federal Holidays. passengers to either the lower level [Docket Number FRA–2018–0003] where there are additional doors and Interested parties are invited to emergency exit/access windows, or the participate in these proceedings by Petition for Waiver of Compliance upper levels where there are also submitting written views, data, or Under Part 211 of Title 49 Code of additional emergency exit/access comments. FRA does not anticipate Federal Regulations (CFR), this provides windows. Lastly, there is an aisle way scheduling a public hearing in the public notice that on December 26, that leads to the adjacent car that can be connection with these proceedings since 2017, Caltrain petitioned the Federal used for egress (with exception of the the facts do not appear to warrant a Railroad Administration (FRA) for a cab car, cab end). Because the hearing. If any interested parties desire waiver of compliance from certain intermediate levels are equipped with an opportunity for oral comment and a provisions of the Federal railroad safety these features, Caltrain believes that the public hearing, they should notify FRA, regulations contained at 49 CFR part intent of the emergency egress/access in writing, before the end of the 238. FRA assigned the petition Docket requirements of 49 CFR 238.113 and comment period and specify the basis Number FRA–2018–0003. 238.114 are met and provide an for their request. Specifically, Caltrain seeks a waiver equivalent level of safety to passengers. All communications concerning these A copy of the petition, as well as any proceedings should identify the of compliance from portions of 49 CFR written communications concerning the appropriate docket number and may be 238.113(a)(3), Emergency window exits, petition, is available for review online at submitted by any of the following and 238.114(a)(3), Rescue access www.regulations.gov and in person at methods: windows, for four cars of their new six- the U.S. Department of Transportation’s • Website: http:// car Electric Multiple Unit (EMU) (DOT) Docket Operations Facility, 1200 www.regulations.gov. Follow the online trainsets. The six-car trainsets consist of New Jersey Avenue SE, W12–140, instructions for submitting comments. two cab cars (A and B) and four coach Washington, DC 20590. The Docket cars (C, D, E, and F). Each is a multi- • Fax: 202–493–2251. Operations Facility is open from 9 a.m. level car and contains three types of • Mail: Docket Operations Facility, levels: A lower level, two intermediate to 5 p.m., Monday through Friday, U.S. Department of Transportation, 1200 except Federal Holidays. levels (on each end), and an upper level. Interested parties are invited to New Jersey Avenue SE, W12–140, In addition, each car contains both Washington, DC 20590. participate in these proceedings by intermediate level doors and lower level submitting written views, data, or • Hand Delivery: 1200 New Jersey doors. However, Caltrain will initially Avenue SE, Room W12–140, comments. FRA does not anticipate be utilizing only the lower level doors scheduling a public hearing in Washington, DC 20590, between 9 a.m. to serve their existing 8-inch platforms. and 5 p.m., Monday through Friday, connection with these proceedings since The intermediate level doors will be the facts do not appear to warrant a except Federal Holidays. utilized at some point in the future at hearing. If any interested parties desire Communications received by March high level platforms. Until such time an opportunity for oral comment and a 15, 2018 will be considered by FRA that the intermediate doors are placed in public hearing, they should notify FRA, before final action is taken. Comments service, passenger flip-up type seats in writing, before the end of the received after that date will be mounted to the floor will be placed comment period and specify the basis considered if practicable. adjacent (in front of) to these doors. for their request. Anyone can search the electronic Since the intermediate levels will be All communications concerning these form of any written communications used for passenger seating, each proceedings should identify the and comments received into any of our intermediate level is required to have a appropriate docket number and may be dockets by the name of the individual minimum of two emergency window submitted by any of the following submitting the comment (or signing the exits and a minimum of two rescue methods: document, if submitted on behalf of an access windows. Two cars (D and F) are • Website: http:// association, business, labor union, etc.). equipped with two windows (one on www.regulations.gov. Follow the online Under 5 U.S.C. 553(c), DOT solicits each side) on the intermediate level that instructions for submitting comments. comments from the public to better serve as dual-function emergency exit • Fax: 202–493–2251. inform its processes. DOT posts these and rescue access windows. The • Mail: Docket Operations Facility, comments, without edit, including any remaining four cars (A, B, C, and E) do sradovich on DSK3GMQ082PROD with NOTICES U.S. Department of Transportation, 1200 personal information the commenter not have windows on the intermediate New Jersey Avenue SE, W12–140, provides, to www.regulations.gov, as levels due to propulsion equipment Washington, DC 20590. described in the system of records occupying space on that level. However, • Hand Delivery: 1200 New Jersey notice (DOT/ALL–14 FDMS), which can all cars in the EMU trainset are designed Avenue SE, Room W12–140, be reviewed at https:// with exterior side doors on the Washington, DC 20590, between 9 a.m. www.transportation.gov/privacy. See intermediate levels (one per side per and 5 p.m., Monday through Friday, also https://www.regulations.gov/ intermediate level). These doors will be except Federal Holidays. VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1


Document Created: 2018-01-27 00:57:33
Document Modified: 2018-01-27 00:57:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 4119 
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